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Patna High CourtCWJC/8034/2023dismissed

Sanjay Kumar Shrivastava v. The State Of Bihar (Through The Collector)

2023-10-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8034 of 2023 ====================================================== Sanjay Kumar Shrivastava Son of Late Lala Sudist Narain Residing Near Thakurbari Ward No. 17 Mohalla- Laxmipur Town- Madhepura, Police Station- Sadar, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar (Through the Collector) Madhepura. 2.

The Lokayukta, Bihar,Patna.

3.

The Sub Divisional Officer, Madhepura.

4.

The Circle Officer, Madhepura.

5.

The Executive Officer, Nagar Parishad, Madhepura. 6.

Anand Shrivastwa Son of Late Ishwar Sharan Shrivastwa Resident of Mohalla- Luxmipur, Near Thakurbari Mandir, Ward No. 17 Town Madehpura, District- Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Sinha For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-10-2023 The present writ petition has been filed seeking the following relief:- "1. That this Petition is filed for issuance of Writ of Mandamus commanding the Respondents No.

1, 3, 4 and 5 to start a proceeding under Section 3 of the Bihar Public Land Encroachment Act 1956 against Respondents No. 6 for demolition of unauthorised wall constructed over Old Khata No. 1108 Plot No., 128 (New) Old Plot No. 4083 which is a Gair Majurwa Aam land on 8/7/2019 by use of force. By erecting the wall up 7 feet, the road had become narrow and only 3 feet remain

Patna High Court CWJC No.8034 of 2023(2) dt.04-10-2023 2/2 for the people to use that Rasta causing inconvenience to the Public at large."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U